Maintenance – definition
In criminal law, particularly within the context of Polish law, maintenance refers to the legal obligation imposed on an individual to provide financial support to another person who is entitled to receive it, such as a spouse, child, or ascendant, to cover basic life needs including food, clothing, housing, education, and medical care. This obligation arises typically from a court order, agreement, or statutory provisions and ensures that dependents receive proper sustenance and care.
Failure to fulfill the maintenance obligation, when the person liable is capable of providing support but intentionally evades this duty, constitutes a criminal offense under Polish law. The crime of non-maintenance is characterized by willful refusal or neglect to pay the designated maintenance allowance, which must amount to at least three periodic payments or a delay of three months in non-periodic payments. The law recognizes both civil and criminal aspects of maintenance enforcement, with criminal liability aiming to penalize deliberate evasion that threatens the basic life needs of the entitled person.
Key aspects of the concept
- Maintenance is a court or legally ordered obligation to provide material support to dependents such as children, spouses, or elderly relatives.
- The crime of non-maintenance involves intentional failure to pay maintenance despite the ability to do so.
- In Poland, the offense covers arrears equivalent to at least three periodic payments or a delay of three months on non-periodic payments.
- More severe penalties apply if the failure to pay results in depriving the entitled person of basic life needs, such as food, clothing, housing, and education.
- Criminal prosecution may be initiated by the injured party, a social welfare authority, or ex officio if state benefits have been paid due to non-payment.
- The offender may avoid criminal liability by paying all outstanding maintenance within 30 days from the first interrogation as a suspect.
- Courts interpret “basic life needs” broadly, including necessary educational and cultural needs for children.
- Non-payment due to reasons beyond the debtor’s control, such as serious illness or imprisonment with no income, does not constitute a criminal offense.
Examples of use of “Maintenance”
- A parent who, despite having financial means, refuses to pay court-ordered child support for over three months may be criminally liable for non-maintenance.
- A spouse obligated by court to provide maintenance fails to make payments, putting the other spouse in a situation where basic living expenses cannot be met.
- The state prosecutes a debtor who willfully neglects to provide alimony, resulting in the child lacking adequate food and clothing.
- A person makes partial payments but eventually settles all arrears within 30 days of police interrogation, which may lead to the suspension of criminal penalties.
See also
- Alimony
- Child Support
- Non-maintenance (Crime)
- Family Law